Smt. Rekha Shekhawat v. PCIT

218 DTR 161Income Tax Appellate Tribunal2022#12451 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2024 to 2025.

Sections most often in play

Section 115BBESection 133ASection 68Section 69Section 69ASection 142(1)Section 143(3)Section 263

Issues it is cited on

survey under section 133asection 115bbsection 115bsection 10(38)section 133asection 115bbeunexplained investmentunexplained moneyincome from other sourcessection 115section 263section 133

Judgments citing Smt. Rekha Shekhawat v. PCIT

SH. SATYANARAYAN MUNDRA,BHILWARA vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal of the assessee is allowed with above directions

ITA 885/JPR/2025[2020-21]Status: DisposedITAT Jaipur14 Aug 2025AY 2020-21

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalsatyanarayan Mundra, Prop. Bajrang Pipe Store Opp. Milan Tonkij, Hari Sewa Marg, Bhilwara 311 001 Pan No. Abkpm 9539K ...... Appellant Vs.

For Appellant: Mr. P. C. Parwal, CA, Ld. ARFor Respondent: Mrs. Alka Gautam, CIT, Ld. DR
Section 115BSection 133ASection 250Section 68Section 69Section 69A

…A of the Act. • The Ld. CIT (A), while accepting the business nexus in respect of excess stock, erred in ignoring the identical explanation with respect to excess cash. 11. Supporting Precedents Relied Upon by Assessee a. Smt. Rekha Shekhawat Vs. PCIT (2022) 218 DTR 161 (Jaipur) (Trib.) b. PCIT Vs. Krishna Kumar Verma (2024) 8 NYPCTR 331 / 237 DTR 258 (MP) (HC) In both cases, it was held that surrendered income emanating from business activities, later incorporated in the books and return, is taxable under normal provisions and not under section 115BBE of the Act. 12. In view of the facts of the case, the expla…

SH. DILIP KUMAR,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result, the appeal of the assessee is allowed

ITA 208/JPR/2025[2018-19]Status: DisposedITAT Jaipur26 May 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal, C.AFor Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 115BSection 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 250Section 68Section 69

…ip Kumar, Kota. 206 ITD 289 is exactly the same as that of assessee. Hence Ld. CIT(A) has erred in holding that such amount is taxable u/s 115BBE of the Act. Reliance in this connection is placed on the following cases:- Smt. Rekha Shekhawat Vs. PCIT (2022) 218 DTR 161 (Jaipur) (Trib.) In view of the fact that the unrecorded trade advances and cash in hand admitted during the course of survey u/s 133A emanated from and related to the real estate business carried on by the assessee and the same were later incorporated in the regular books of accounts, the additional income was in the nature of business income an…

YUWAM EDUCATION PVT. LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

ITA 1029/JPR/2024[2016-17]Status: DisposedITAT Jaipur20 Dec 2024AY 2016-17

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 115BSection 143(2)Section 143(3)

…f the Act in computing the total income at Pg 5 of the order. Thus when such receipt is admittedly the business receipt, section 115BBE is not applicable. Reliance in this connection is placed on the following decisions:- Smt. Rekha Shekhawat Vs. PCIT (2022) 218 DTR 161 (Jaipur) (Trib.) In view of the fact that the unrecorded trade advances and cash in hand admitted during the course of survey u/s 133A emanated from and related to the real estate business carried on by the assessee and the same were later incorporated in the regular books of accounts, the additional income was in the nature of business income an…

SH. KIRODI MAL SINGHAL,ALWAR vs. PCIT(CENTRAL), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

ITA 664/JPR/2024[2019-20]Status: DisposedITAT Jaipur29 Aug 2024AY 2019-20

Bench: moving towards the facts of the case we would like to mention that the assessee has assailed the appeal in ITA No.664/JP/2024 on the following grounds; "1. Under the facts and circumstances of the case, order passed by the Ld. PCIT u/s 263 is illegal & bad in law and the same be quashed. 2. The Ld. PCIT has erred on facts and in law in holding that the

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 115BSection 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 263

…order u/s 263 is passed has been enquired and examined by the AO and therefore invocation of clause (a) & (b) of Explanation 2 to section 263 is unjustified. Reliance in this connection is placed on the following cases:- Smt. Rekha Shekhawat Vs. PCIT (2022) 218 DTR 161 (Jaipur) (Trib.) In view of the fact that the unrecorded trade advances and cash in hand admitted during the course of survey u/s 133A emanated from and related to the real estate business carried on by the assessee and the same were later incorporated in the regular books of accounts, the additional income was in the nature of business income an…

SH. KAMLESH SINGHAL,ALWAR vs. PCIT(CENTRAL), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

ITA 663/JPR/2024[2019-20]Status: DisposedITAT Jaipur29 Aug 2024AY 2019-20

Bench: moving towards the facts of the case we would like to mention that the assessee has assailed the appeal in ITA No.664/JP/2024 on the following grounds; "1. Under the facts and circumstances of the case, order passed by the Ld. PCIT u/s 263 is illegal & bad in law and the same be quashed. 2. The Ld. PCIT has erred on facts and in law in holding that the

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 115BSection 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 263

…order u/s 263 is passed has been enquired and examined by the AO and therefore invocation of clause (a) & (b) of Explanation 2 to section 263 is unjustified. Reliance in this connection is placed on the following cases:- Smt. Rekha Shekhawat Vs. PCIT (2022) 218 DTR 161 (Jaipur) (Trib.) In view of the fact that the unrecorded trade advances and cash in hand admitted during the course of survey u/s 133A emanated from and related to the real estate business carried on by the assessee and the same were later incorporated in the regular books of accounts, the additional income was in the nature of business income an…

SARITA GUPTA,ALWAR vs. PCIT(CENTRAL), JAIPUR, JAIPUR

The appeal of the assessee is partly allowed

ITA 662/JPR/2024[2018-19]Status: DisposedITAT Jaipur29 Aug 2024AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 115BSection 133ASection 139Section 142(1)Section 143(2)Section 143(3)Section 263Section 44A

…as been enquired and examined by the AO and therefore invocation of clause (a) & (b) of Explanation 2 to section 263 is unjustified. Reliance in this connection is placed on the following cases:- 12 Sarita Gupta vs. PCIT Smt. Rekha Shekhawat Vs. PCIT (2022) 218 DTR 161 (Jaipur) (Trib.) In view of the fact that the unrecorded trade advances and cash in hand admitted during the course of survey u/s 133A emanated from and related to the real estate business carried on by the assessee and the same were later incorporated in the regular books of accounts, the additional income was in the nature of business income an…

SVETLANA GORODINSKAIA,PATIALA vs. ACIT, CC, PATIALA

In the result, the appeal of the assessee is dismissed

ITA 202/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh24 May 2024AY 2019-20

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Dharamvir, JCIT, Sr. DR
Section 133ASection 69A

…said surrender amount under the head "Income from other sources" and has paid due tax on the said income at normal rate of tax. In this regard, reliance was placed on the judgment of the Jaipur Bench of ITAT in the case of Smt. Rekha Shekhawat as reported in 218 DTR 161(JP)(TRIB), wherein, the Bench has held that where it is an undisputed fact that the assessee is engaged in the business and there is no undisclosed or unknown source of income and the source of income surrendered is clearly identifiable and is regular business of the assessee, it is certainly assessable as business income and cannot be considered…

SH. GURINDER MAKKAR,LUDHIANA vs. DCIT, CC-3, LUDHIANA

In the result, the appeal of the assessee is disposed off in light of aforesaid directions

ITA 20/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh21 Feb 2024AY 2018-19

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 115BSection 133ASection 143(3)Section 32Section 37Section 40A(3)Section 43(1)Section 68Section 69

…submitted that the additions made by the Ld. AO only on account of a mistaken view of law taken by the assessee are invalid. Reliance in this regard was placed on the judgment of Jaipur Bench of ITAT in the case of Smt. Rekha Shekhawat vs PCIT as reported in 218 DTR 161 wherein the matter has been decided in the favor of the assessee and wherein, it has been held as under: "Therefore, merely because the assesse had taken the mistaken view of the correct legal position by wrongly showing such additional income under head income from other sources, of the surrounding circumstances and the binding decisions of Hon'…